Legal Question in Family Law in Florida
My sister is concerned her ex-husband will not be able to adequately care for their 16 month old son in an upcoming overnight visit. He has had 2 overnight visits with the child approximately 8 months ago when the ex was living with his relatives whom my sister was familiar with. The ex is a heavy smoker and the child has allergies. The child has not seen the father in several months and when he did see him sporadically, it was only for a few hours. Often, the child would return with allergy flare -ups. The father refuses to give an address where he is living and where the child will be staying though it states this is required in the custody papers. The father reports he will be visiting 2 different relatives - one is a household known for its drug use and the other is his grandmother's. The grandmother abused the father as a child according to the father and the baby can not be there unsupervised according to the custody agreement. My sister does not believe her ex is living at either of these residences. Any suggestions?
1 Answer from Attorneys
Get a lawyer right away. The lawyer can advise you whether you can safely refuse to hand your child over. The lawyer will need to know all the facts and read your order or settlement agreement before advising you. Obviously, you don't want to place your child in danger. On the other hand, you don't want to be wrong about this or you face contempt and maybe even losing custody.
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